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 Specialized Crime Investigation with Interview and Interrogation Review Questions 1

(Answers are provided below)


1. According to the prevailing jurisprudence in the Philippines, at what precise point does a 'custodial investigation' begin for the purpose of applying Miranda rights?

A. The moment the person is formally booked at the police station.

B. When the suspect is placed under 'invitation' for questioning at the police station.

C. Only upon the filing of a formal criminal complaint or information in court.

D. When the investigation is no longer a general inquiry into an unsolved crime but has begun to focus on a particular suspect in custody.


2. Under Section 2 of R.A. 7438, if a person arrested or detained is unable to afford the services of counsel, what is the specific duty of the investigating officer?

A. The officer must provide the person with competent and independent counsel.

B. The officer must wait for 24 hours for the family to provide a lawyer.

C. The officer may proceed with the interrogation as long as the suspect signs a preliminary waiver.

D. The officer must inform the suspect that they can only talk to a lawyer once the inquest begins.


3. Which of the following is a mandatory requirement for a waiver of the right to counsel to be valid under Philippine law?

A. The waiver must be signed in the presence of at least two witnesses from the media.

B. The waiver must be notarized by a regular notary public.

C. The waiver must be in writing and signed in the presence of counsel.

D. The waiver is valid even if oral, provided it is recorded on video.


4. A suspect was arrested and, during the 'invitation' at the police station, confessed to the crime without a lawyer present. Is this confession admissible in evidence?

A. No, because any confession obtained in violation of the rights under custodial investigation is inadmissible.

B. Yes, because the suspect was merely 'invited' and not technically arrested.

C. No, unless the confession was overheard by a third party who is not a police officer.

D. Yes, provided the confession was given voluntarily and without torture.


5. In the context of R.A. 7438, who among the following is NOT included in the definition of 'immediate family' who has the right to visit the person arrested?

A. Parents or guardians

B. Siblings (brothers or sisters)

C. First cousins

D. Spouse or common-law partner


6. What is the penalty for any investigating officer who fails to inform a person arrested of their right to remain silent and to have competent counsel?

A. A fine of P1,000 and 1 month of suspension.

B. A fine of P6,000 or imprisonment of not less than 8 years but not more than 10 years, or both.

C. Administrative discharge from the service only.

D. A stern warning and retraining on human rights.


7. Which requirement must be met for a lawyer to be considered 'competent and independent' during a custodial investigation?

A. The lawyer must be a high-ranking official of the Integrated Bar of the Philippines.

B. The lawyer must have at least 10 years of criminal law experience.

C. The lawyer must be chosen and paid for by the police department.

D. The lawyer's interest must not be adverse to the interest of the suspect.


8. An extrajudicial confession was made by the suspect in the presence of a municipal mayor because no lawyer was available in the locality. Is this confession valid? 

A. No, unless the confession was also signed by a priest or a minister.

B. Yes, if the mayor explained the rights to the suspect.

C. No, a confession must be assisted by counsel; a mayor is not a substitute for competent and independent counsel.

D. Yes, because the mayor is a high-ranking local official.


9. Which of the following statements regarding the 'right to be informed' during custodial investigation is CORRECT?

A. The officer must communicate the rights in a language or dialect known to and understood by the person.

B. It is enough for the officer to read a list of rights from a card.

C. The right to be informed only applies if the suspect asks for it.

D. Information regarding rights can be delayed until the suspect is ready to talk.


10. If a person is arrested for a crime that allows for a summary procedure, do the rights under R.A. 7438 still apply?

A. No, R.A. 7438 only applies to heinous crimes.

B. No, because summary procedures are simplified and skip the investigation phase.

C. Yes, the rights of persons arrested or detained apply to all offenses, regardless of the penalty or procedure.

D. Only if the person is a minor or a member of a vulnerable group.


11. Which interview approach encourages a witness to narrate events freely without interruption?

A. Direct Interview

B. Cognitive Interview

C. Stress Interview

D. Confrontational Interview


12. What is the primary purpose of an interrogation?

A. To gather general information

B. To obtain a confession or admission

C. To identify witnesses

D. To preserve evidence


13. Which type of question usually requires a simple "yes" or "no" answer?

A. Open-ended Question

B. Reflective Question

C. Closed-ended Question

D. Probing Question


14. In interview and interrogation, rapport is primarily established to:

A. Intimidate the subject

B. Build trust and cooperation

C. Secure a warrant

D. Obtain physical evidence


15. Which of the following is considered a verbal sign of deception?

A. Consistent details

B. Direct responses

C. Evasive answers

D. Clear recollection


16. Which of the following is NOT a requisite for a dying declaration to be admissible?

A. Declarant must die from the same cause

B. Statement must concern the cause of death

C. Declarant must be conscious of impending death

D. Statement must be made before a police officer


17. Why is a dying declaration considered an exception to the hearsay rule?

A. Declarant cannot be cross-examined

B. Presumption that one facing death will not lie

C. It is always made in writing

D. It is authenticated by a judge


18. Which best describes an independent relevant statement?

A. Statement offered to prove the truth of facts asserted

B. Statement admissible regardless of truth, because relevance lies in the fact that it was made

C. Statement made only by dying persons

D. Statement admissible only if corroborated by witnesses


19. Which of the following is an example of an independent relevant statement?

A. A witness testifying about what he saw during a crime

B. A victim’s statement identifying the assailant before dying

C. A person shouting “Fire!” in a crowded theater

D. A police officer’s written report


20. A dying declaration is admissible only in cases involving:

A. Any civil or criminal case

B. Criminal cases for homicide, murder, or parricide

C. Civil cases involving contracts

D. Administrative cases


21. Under the Philippine Rules of Evidence, a dying declaration is admissible only in:

A. Any civil or criminal action

B. A criminal case in which the declarant's death is the subject of inquiry

C. Any case involving personal injury

D. Administrative proceedings involving misconduct


Traffic Management and Accident Investigation with Driving Reviewer


Answer:

1. D

2. A

3. C

4. A

5. C

6. B

7. D

8. C

9. A

10. C

11. B

12. B

13. C

14. B

15. C

16. D

17. B

18. B

19. C

20. B

21. B